EXPLANATORY STATEMENT
(Issued under the Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Instrument under section 184(1)(a)
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species.
Section 178 of the Act provides for a list of threatened species (the List) separated into particular categories being, extinct, extinct in the wild, critically endangered, endangered, vulnerable and conservation dependent.
Section 184 of the Act provides that the Minister may, by legislative instrument, amend the List to include an item in the List, delete an item from the List or, transfer an item from one category in the List to another category.
The process for making amendments to the List so as to include new species in the List or to transfer species into a different category of the List, is set out in Part 13, Division 1, Subdivision AA of the Act.
The purpose of this Instrument is to amend the List by:
- inserting Ogyris subterrestris petrina in the list of threatened species in the critically endangered category.
Consultation
Consultation was undertaken before the Instrument was made, in accordance with the processes outlined in Part 13, Division 1, Subdivision AA of the Act (in relation to the listing of species in categories in the List).
The Threatened Species Scientific Committee (the Committee):
- recommended the species for inclusion on the Finalised Priority Assessment List for the assessment period commencing 1 October 2013, to which the minister agreed;
- sought public comment on the species
The period for public comment was 33 business days between 25 June and 8 August 2014. Nine responses were received.
The Committee consulted relevant Commonwealth, state and territory government departments, non-government organisations such as environmental consultants, natural resource management and conservation groups, as well as scientists and other individuals with relevant expertise.
The Committee prepared a written assessment of whether the nominated species was eligible for inclusion in the List. The written assessment was provided to the Minister and considered in relation to the making of the Instrument.
This Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Authority: section 184(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive environmental protection and biodiversity conservation across Australia, particularly focusing on threatened species. This Act provides a framework for the protection and conservation of species identified as threatened, including those that are extinct, extinct in the wild, critically endangered, endangered, vulnerable, or conservation dependent. The legislation empowers the Minister for the Environment to amend the list of threatened species, facilitating the addition of new species or the reclassification of existing ones based on scientific assessments. This legislative instrument amends the list by including Ogyris subterrestris petrina in the critically endangered category, following recommendations from the Threatened Species Scientific Committee and a period of public consultation. The policy objective is to ensure that threatened species receive appropriate protection and that their conservation status is regularly reviewed and updated to reflect the latest scientific data.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a Commonwealth Act that applies to all persons, entities, and industries within Australia and its external territories, as well as to actions and transactions that may impact on matters of national environmental significance. This includes the protection and conservation of threatened species, which are listed under section 178 of the Act in categories such as extinct, extinct in the wild, critically endangered, endangered, vulnerable, and conservation dependent. The Act enables the Minister to amend the List by legislative instrument, to include or delete species or to transfer species between categories. This is done through a consultative process involving the Threatened Species Scientific Committee and public consultation, as outlined in Part 13, Division 1, Subdivision AA of the Act. This process was followed for the recent amendment to include Ogyris subterrestris petrina in the critically endangered category. The Act's application may be extended or restricted through subordinate instruments made under section 184(1)(a) of the Act.
Key Provisions
The main operative sections of this legislative instrument involve amendments to the List of Threatened Species under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Specifically, section 184(1)(a) of the Act allows the Minister to amend the List by including a new species or transferring an existing species to a different category. In this case, the instrument amends the List by inserting Ogyris subterrestris petrina into the critically endangered category (section 178). This process ensures the protection and conservation of the species, aligning with the objectives of the Act.
The Act imposes several obligations on the parties and entities it governs. It requires the Threatened Species Scientific Committee to assess species eligibility for inclusion on the List, seek public comment, and consult with relevant stakeholders, including government departments, non-government organisations, and experts. This comprehensive consultation process ensures transparency and inclusivity in the decision-making process. Furthermore, the Act mandates that amendments to the List be made in accordance with the procedures outlined in Part 13, Division 1, Subdivision AA of the Act.
Breach of the obligations set out in the Act can lead to various civil and criminal consequences. For instance, knowingly contravening the provisions that protect listed species can result in fines and imprisonment. The maximum penalty for an individual is generally a fine of up to $210,000 or imprisonment for up to five years, or both, under section 474 of the Act. Corporations can face even higher fines, up to $1.05 million for serious offences. Additionally, the Act includes provisions for administrative penalties and enforcement actions that can be taken against entities that fail to comply with the conservation and protection requirements.